Cases

If the testimony of witnesses is used in any way to support an award of benefits, witness fees should be taxed as costs. The award or denial of costs is subject to appellate review under an abuse of discretion standard.

 

In awarding costs associated with legal assistants, it is the claimant’s burden to establish that time spent by these legal assistants was non-clerical. In this case, the claimant failed to establish the fact that the legal assistants were engaged in non-clerical work and the court determined that the JCC did not abuse her discretion in denying these costs.

 

The appellate standard of review in deciding the amount of an attorney’s fee utilizing the factors in Section 440.34(1), Florida Statutes (1994), is abuse of discretion. The court determined that the JCC’s analysis of these factors in awarding a fee was supported by competent and substantial evidence. Accordingly, the JCC’s award of attorney’s fees was affirmed.